In the current Brexit series of events, European leaders have been pressuring Theresa May to trigger article 50 of the Lisbon Treaty, the clause that starts the two-year negotiating process to formally exit the European Union. The UK on the other hand, wants to initiate discussion of trade agreements that will cement UK's stability post exit.
For those watching, the impact of Brexit extends far beyond British based companies and will impact global organizations in all industries. The majority of boards are paying attention and trying to prepare for what's next. What all boards need to know is how to respond to the ever-changing requests for information, while fulfilling their fiduciary duty to ensure compliance.
Despite warnings about the impact of a Brexit, research has shown that a substantial percentage of boards did not have a contingency plan in place. The UK's decision to leave the EU is slowly ushering in a wave of economic and legal consequences.
First order of business: Establish Effective Crisis Management
One definition of “crisis” is a “time of intense difficulty.” While Brexit is not unforeseen, like a number of other crises one could imagine, the effects of Brexit will undoubtedly create intensely difficult (and unpredictable) times for corporations in the UK and around the world. If such a crisis is poorly managed – it can harm an organization and its stakeholders. In contrast, when adversity is met with a strong and swift response, it can actually become an opportunity to demonstrate decisive leadership and a commitment to values.
When it comes to crisis management, practice makes perfect. Corporations and boards need a crisis management plan in place to ensure they are ready to make quick decisions, respond to changing conditions on the ground, and fulfill all requests and questions from shareholders and regulators.
This plan should set a framework for how to react when a crisis occurs. A good crisis management plan should be led and executed by a designated crisis team. Given that the fallout from Brexit is still unravelling, information must be shared as quickly, conveniently, and securely as possible. Spend time as a board simulating different situations to understand how the company might react to Brexit-related issues, and if you don't have a crisis plan related to other types of events, now may be a good time to consider those as well! You'll want to plan ahead to understand how and when you want to communicate with different stakeholders and make sure the team, technology, and processes are in place to convene the right group, distribute the most up-to-date information, and make quick decisions as a crisis unfolds.
Key Business Concerns to Explore
Tax implications. It's important for board members in UK companies to make an assessment of all contracts with suppliers and customers based in the EU and expose factors, which could potentially cause concern down the line. For example, as a result of Brexit an introduction of import tax on goods entering the EU from the UK is possible which could result in new liabilities. Tax regulations should be monitored closely to allow for responses to be formulated in real time.
EU trade agreements. Similarly, for companies based outside of the EU who rely on the UK for EU trading, explore what impact the Brexit decision has on export controls and consider relocating operations to another location within the EU if necessary.
Visa and work authorization. There may be changes in labor regulations for non-UK countries that employ a UK labor force and for companies with operations in the UK that employ EU nationals. Long-term issues would include sponsorship and visa overhauls, which may it difficult to retain existing employees and attract new talent.
Currency concerns. It's only been one month since the Brexit decision, and all European currencies went down against the U.S. dollar. The U.S. dollar was the prime beneficiary of the Brexit vote. But this also spells bad news for U.S. companies as a stronger dollar makes it harder for U.S. companies to export their goods. This is because a higher dollar value increases the costs of U.S. goods for foreign buyers.
M&A uncertainty. While the impact of Brexit on M&A remains to be seen fully, many predict a drop off in M&A activity in the UK given uncertainty around trade, employment, and taxation. However the weakness of the British Pound may make UK targets more attractive to overseas investors.
Board Make-Up and Diversity. May has touted her dedication to leveling the playing field for corporate executives and their employees, including enforcement of greater diversity on British boards. “The people who run big businesses are supposed to be accountable to outsiders. In practice, they are drawn from the same narrow social and professional circles as the executive team. We're going to have not just consumers represented on company boards, but workers as well,” she said. Currently around 18% of board members in the UK are female, about the same as in the United States.
Specific industry impact. According to research conducted by Atradius, there are a number of sectors that will experience significant impact should the benefits of free trade be compromised. These include chemicals, mineral fuels and manufactured goods – due to the fact that over half of those exports go to the EU. One of the biggest results from Brexit is the impact on the financial services industry, as the services industry constitutes almost 80% of the total UK economy. London is a global financial center and the largest in Europe. Trade negotiations for the services sector will be much more difficult than for goods, making the sector extremely vulnerable to changes in trade and more at risk to not having access to the single market. EU regulations are also an obstacle for retail banking and euro traders. It is possible that some businesses will explore a move to other financial centers in the EU like Frankfurt or Dublin, but such a large network of financial and professional services would be almost impossible to replicate outside of London.
Given that Brexit took a significant percentage of boards by surprise, preparing for what's next should be on top of the agenda. Board members should get ahead of any anticipated regulation changes to minimize business disruptions. By establishing an effective crisis management plan, board members can work to ensure the right information is being shared and decisions are being made in a timely fashion. Implementing a robust communications infrastructure is crucial to facilitate better collaboration and input from board members. Leverage technology and mobile applications that provide secure communication, information security and greater productivity for even remote board members.
Nathan Birtle currently serves as VP Sales and Business Development of EMEA at Diligent, the leading provider of secure corporate governance and collaboration solutions for boards and senior executives. Prior to Diligent, Nathan has served as the VP of Sales at both NextDocs and Sparta Systems. Nathan holds a BSc in Mathematics & Computer Science from the University of Bristol and a Diploma in Marketing from the Chartered Institute of Marketing.